Where a complainant's credibility is in issue in criminal proceedings, charges not resulting in conviction may be cross-examined upon under the first limb of s 5(3)(b) of the Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) where the fact of the charge is relevant to an issue in the proceedings, and Warry v P B Pty Ltd is distinguishable where credit is at the heart of the case. However, the proviso under s 668E(1A) may apply where the criminal history is only marginally relevant to the central issue and the jury already had substantial evidence of the witness's character. Evidence of an alternative suspect's criminal history is inadmissible unless there is a sufficient evidentiary link between the suspect and the offence.
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